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|Urgent Advice On "this Notice Of Late Appeal Decision" by opsy4real1: 6:53pm On Apr 02, 2009|
hey fellow Nairalanders, I got my refusal notice on the 8th of january,2009 and I sent my appeal papers(with application for late appeal and extension of time) to the Asylum and Immigration tribunals, U.K on the 3rd of february 2009 using the registered postal means of the Nigerial postal service*(NIPOST). Actually the deadline to the appeal was to be on the 5th February 2009(28 calender days).
Itr was unfortunate that my application for extension was not considered due to the carelsesness of the postal agent of the NIPOST. The date on the postmark on the envelope used to send it was 3rd January 2009 and the post mark as well as on the Registered post receipt which i can use to track the mail( though I didnt observe the error). please advice me on what to do about this issue as this event have caused a defamation of character on my personality*(it was held by the immigration judge and i quote""THIS SUGGESTS THAT THE APPELANT IS NOT BEING TRUTHFUL IN HIS STATEMENT ABOUT THE LATE SERVICE AND I DECLINE TO EXTEND THE TIME LIMIT IN THIS CASE""
and secondly, their (NIPOST)own carelessness has disturbed my carrer in my student visa appeal as the appeal could not be proceeded aas a result of this.
Kindly go through this written notification by the immigration judge and advice me on what i could do.
THE IMMIGRATION ACTS
IMMIGRATION JUDGE PARKES
JAMES BOND Appellant
ENTRY CLEARANCE OFFICE (ABUJA) Respondent
DETERMINATION OF PRELIMINARY ISSUE- TIMELINESS PURSUANT TO RULES 7 AND 10 OF THE ASYLUM AND IMMIGRATION TRIBUNAL(PROCEDURE) RULES 2005
1. The date of the decision under consideration in this de termination is the 12th of November 2008. The decision was served on the appelant/in person/post, the date given in section 1 of the Notice of appeal is the 8th of january 2009. the deadline for the Notice of Appeal to be served is given as the 5th of February 2009.
2. The Notice of appeal is signed and dated on the 2nd of february 2009 and was completed by the appellant. The copy in the papers is stamped as received by the AIT Loughborough Support Centre on the 17th of february 2009.
3. For the time limit for the service of the Notice of Appeal to be triggered. I must be satisfied that there has been valid service of the Notice of decision accompanied by form of the notice of appeal. if there has been no valid service, by registered post or by hand, then time does not begin to run, FO and others(Service of Notice of decision) Nigeria (2007) UKAIT 00093
4. For and extension of time to be granted, i must be satisfied on the balance of probabailities that there are special circumstances that would render it unjust to do so in the terms set out in BO Nigeria(2006) 00035 which would include, the explanation for the delay, the strenghts of the grounds of appeal, the consequences of the decision and the lenght of the delay.
5. The case of BO provides that the starting point must be the explanation for the appeal being out of time. If there is no explanation or no satisfactory explanation or an explanation that is not supported by evidenvce that ought to have been readily available, it is unlikely to be granted.
6. IN SECTION 2 OF THE NOTICE AND GROUNDS OF APPEAL.THE APPELANT STATED THAT HE RECEIVED THE REFUSAL NOTICE ON THE 8TH OF JANUARY 2009. IAM PREPARED TO ACCEPT THE APPELANT RECEIVED THE NOTICE LATE BUT THERE IS A PROBLEM WITH THE EVIDENCE RELATING TO THE DATES IN THIS CASE. IF THE APPELANT DID NOT RECEIVE THE REFUSAL NOTUICE UNTIL THE 8TH OF JANUARY AND SIGNED IT ON THE 2ND OF FEBRUARY 2009. HOWEVER THE DATE ON THE POST MARK ON THE ENVELOPE USED TO SEND THE FORMS TO THE UK IS THE 3RD OF JANUARY 2009. THIS SUGGESTS THAT THE APPELANT IS NOT BEING TRUTHFUL ABOUT THE LATE SERVICE AND I DECLINE TO EXTEND THE TIME LIMIT IN THIS CASE.
7. Time is NOT extended
NB> i suppose the postal agent who accepted my mail dat day did not adjust their stamp to the right month since the date stamp is adjustable.
Do they desrve to be sued and damages taken on this infringement on my personality due to their own carelessness?
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